Majors v. Majors
Mississippi Supreme Court
Appeal from the Chancery Court of Jefferson County. Hon. H. S. Van Eaton, Chancellor. The bill in this case was filed in January, 1881, by Belle E. Majors and her two minor children, against Thomas J. Majors, alleging substantially the following facts: Belle E. Majors was married to John N. Majors in 1871, and they resided upon his place, known as the “ Mayberry place,” “until the year 1873,” when they moved “temporarily” to her plantation, “ with the intention of returning…
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Appeal from the Chancery Court of Jefferson County. Hon. H. S. Van Eaton, Chancellor. The bill in this case was filed in January, 1881, by Belle E. Majors and her two minor children, against Thomas J. Majors, alleging substantially the following facts: Belle E. Majors was married to John N. Majors in 1871, and they resided upon his place, known as the “ Mayberry place,” “until the year 1873,” when they moved “temporarily” to her plantation, “ with the intention of returning to his Mayberry place in the year 1875.” On the 4th of December, 1873, John N. Majors executed a deed of trust on his…
1Opinion of the CourtCampbell, J.
We do not approve the practice tolerated in this case, but no objection was taken in the court below to the new mode of defending; and the motion was decided on its merits, an^l an appeal was granted by the court from its decree overruling the motion, in order to settle the principles of the case.
There was no estoppel by the adjudication relied on.
In order to further settle the principles of the case, we state that the facts averred by the bill are insufficient to maintain the relief sought, and the continuance of the litigation can serve no useful purpose, if the complainants have not a…
2Cases cited1 opinion
- Thompson, Lampkin & Co. v. TillotsonMississippi Supreme Court · 1878
3Cited by4 opinions
- Bruner v. FinleySupreme Court of Pennsylvania · 1905
- Jackson v. LemlerMississippi Supreme Court · 1903
- Collins v. BoundsMississippi Supreme Court · 1903
- Vickers v. VickersNevada Supreme Court · 1921